BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
(A) The Carrier violated the effective Agreement, specifically Rules 25 and 39, when commencing with the work week of February 5, 1968, and in subsequent work weeks, Claimant Norman Johnson was assigned to less than five (5) days' work on a regularly assigned position.
(B) Claimant Johnson shall now be compensated commencing with the work week of February 5, 1968 and in each subsequent work week that he occupies the regular rest day relief assignment, the difference between the number of days for which he received compensation in each week and five (5) work days at the rate of the position to which regularly assigned on the one (1) day of each of said work weeks.
(A) The Carrier violated the effective Agreement, specifically Rules 25 and 39, when commencing with the work week of February 12, 1968 and in subsequent work weeks, Claimant P. G. Menzel was assigned to less than five (5) days' work on a regularly assigned position.
(B) Claimant Menzel shall now be compensated commencing with the work week of February 12, 1968 and in each subsequent work week that he occupies the regular rest day relief assignment, the difference between the number of days for which he received compensation in each week and five (5) work days at the rate of the position to which regularly assigned on two (2) days of each of said work weeks.
The claims in this case were submitted and progressed in accordance with the provisions of the Time Limit on Claims rule. Copies of correspondence involved in the handling of the claims on this property are attached and marked as Carrier's Exhibit B.
OPINION OF BOARD: Claim No. 1 arose in connection with the filling of a seven-day-per-week 3:00 P. M. to 11:00 P. M. Clerk-Caller position at Two Harbors, Minnesota. During the period involved the position was filled by a regular five-day assignment in seniority district No. 6 with assigned rest days of Tuesday and Wednesday. On Tuesday the assignment was relieved by a regular relief assignment, and on Wednesday the assignment was relieved by Clairiant, who, the Carrier states, was the senior available, qualified, extra or unassigned employe who had made himself available to perform extra and/or relief work.
Claim No. 2 involves the filling of seven-day-per-week Accounting-Billing Clerk position at Steelton, Minnesota. This position was filled by a regular five-day assignment in seniority district No. 2 with assigned rest days of Saturday and Sunday. On Saturday and Sunday the assignment was relieved by the Claimant, who, the Carrier states, was the senior available, qualified, extra or unassigne:l employe who had made himself available to perform extra and/or relief work.
The Carrier contends that all possible regular relief assignments with five days of work were established in each seniority district, and Claimants were called as the senior available, extra or unassigned employes because there were not sufficient "tag days" available to establish additional relief assignments.
The Petitioner contends that in Claim No. 1 the Carrier was required to create a regular five-day relief assignment to work the one day in question, filling out the assignment by creating four additional days of work each week, and in Claim No. 2 contends that the Carrier was required to create a regular five-day relief assignment to work the two days in question, filling out the assignment by creating three additional days of work each week. The Carrier contends that the Claimants were not assigned to perform relief work on the days involved, but that they were the senior available extra or unassigned employes in their respective seniority districts, and were used in accordance with Rule 26(j), which provides:
The one day of relief involved in Claim No. 7, Wednesday, and the two days involved in Claim No. 2, were not covered by regular relief assignments and, thercfore, constituted "work which is not a part of any assignment" under Rule 26(j), and the Carrier acted strictly in accordance with the rule by having the work performed on such days by available extra or